Noncompete Clauses in Applied Behavior Analysis: A Prevalence and Practice Impact Survey
One in three BCBAs are locked into noncompete clauses that most say hurt both staff mobility and client access.
01Research in Context
What this study did
Brown et al. (2020) sent an online survey to 610 Board Certified Behavior Analysts.
They asked one simple question: does your job contract include a noncompete clause?
The survey also collected opinions about how these clauses affect work life.
What they found
One in three BCBAs answered yes, they have a noncompete.
Most of those BCBAs viewed the clause as a bad deal for them and for families seeking services.
How this fits with other research
Brown et al. (2023) ran a follow-up survey and found the number had jumped to seven in ten BCBAs.
The 2023 data show mixed outcomes: some staff gained higher pay, others faced lawsuits or left the field.
Kazemi et al. (2022) found workplace conflict already pushes many BCBAs to quit; noncompetes add another layer of job stress.
Slowiak et al. (2022) showed self-care and job-crafting lower burnout, but these tactics can’t fix a contract that bars you from working.
Why it matters
If you supervise staff, check their contracts before you promise future job openings.
If you’re job hunting, read the fine print: a noncompete can block you from serving families in your own neighborhood.
Push back or ask for legal help before you sign; early negotiation beats a court fight later.
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02At a glance
03Original abstract
The field of applied behavior analysis (ABA) has grown substantially in the past decade. Behavior analysts seeking out new employment may have to weigh benefits such as pay, health care, and conditions of employment during negotiations. One condition of employment used in employment contracts is noncompete clauses (NCCs). NCCs are agreements between employers and employees that restrict the employee’s ability to work in a specific field after employment ends. Although they can provide businesses with security, NCCs have the potential to impact how, when, and whom practitioners can serve after employment ends. Although NCCs and their effects have been studied in other fields, to our knowledge no analysis has occurred in the field of ABA. We surveyed 610 practicing behavior analysts to determine the prevalence of NCCs in the field of ABA and how respondents viewed the impact of NCCs on the field; one third (33.1%) of respondents indicated that their contract contained an NCC, and opinions on their potential impact were largely unfavorable. Results are discussed with regard to how NCCs can impact the growth of ABA, possible behavioral functions, possible alternatives to their use, and directions for future research.
Behavior Analysis in Practice, 2020 · doi:10.1007/s40617-020-00469-0